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4. Any other nontransferable function specified under Section 31.096 <br /> or other provisions of law. <br /> B. Cancellation of Election. If the City of San Marcos cancels its Election pursuant <br /> to Section 2.053 of the Texas Election Code, the Contracting Officer shall be <br /> entitled to receive an administrative fee of$75. The Contracting Officer shall <br /> submit an invoice for the administrative fee as soon as reasonably possible after <br /> the cancellation, and the City of San Marcos shall pay the fee. <br /> C. Contract Copies to Treasure and Auditor. In accordance with Section 31.099 <br /> of the Texas Election Code, the Contracting Officer agrees to file copies of the <br /> Contract with the County Treasurer and the County Auditor of Hays County, <br /> Texas. <br /> D. Election to Resolve a Tie. In the event that an Election is necessary to resolve <br /> a tie vote, the terms of the Contract shall extend to the second Election, except: <br /> 1. The City of San Marcos and the Contracting Officer will agree upon the <br /> date of the Election and the early voting schedule subject to provisions of <br /> the Election Code and with regard to other elections being conducted by <br /> the Contracting Officer. <br /> 2. The City of San Marcos will be responsible for any Department of <br /> Justice preclearance submission under Section 5 of the Federal Voting <br /> Rights Act. <br /> 3. An attempt will be made to use the Election workers that worked in the <br /> first Election; those poll workers will not have additional training <br /> provided by the Contracting Officer. <br /> 4. The cost of the Election will be borne by the City of San Marcos; the <br /> Contracting Officer will work with the City of San Marcos on cost <br /> management. <br /> E. Amendment/Modification. Except as otherwise provided, this Contract may <br /> not be amended, modified, or changed in any respect except in writing, duly <br /> executed by the parties hereto. Both the Contracting Officer and the City of San <br /> Marcos may propose necessary amendments or modifications to this Contract in <br /> writing in order to conduct the Election smoothly and efficiently,except that any <br /> such proposals must be approved by the Contracting Officer and the governing <br /> body of the City of San Marcos or its authorized agent, respectively. <br /> 9 <br />